Clarifications before Purchasing ”Portraits Of My Soul” NFTs:
• Please note- all transactions made on the Ethereum blockchain. You will need to open an electronic wallet to purchase and/or display and/or store and/or to trade and or to sell an ”Portraits Of My Soul” NFT
• You will also have to open an account in the relevant marketplace.
• In agreeing to this term of use you agree that ”Portraits Of My Soul” will transmit your information to the relevant companies to provide you the relevant services. Please note that ”Portraits Of My Soul” will not collect, save, or receive information including personal information that you will provide to other companies.
• You agree and You agree and declare that ”Portraits Of My Soul” has no responsibility to or omissions of third-party companies in the provision of services related to and / or arising from and / or required for the purpose of performing actions related to ”Portraits Of My Soul” NFT’s.
• ”Portraits Of My Soul” NFT’s purchase terms:
• ”Portraits Of My Soul” NFT means blockchain-tracked non fungible token issued by the creator that can be tradable on the blockchain.
• ART means any kind of digital artwork that is associated with the”Portraits Of My Soul” NFT you bought.
• OWN means an ”Portraits Of My Soul” NFT that was purchased by you or have been transferred to you in any lawful manner and from any legitimate source and there is a proof of such transaction that is recorded on the Blockchain. There can be one owner to each ”Portraits Of My Soul” NFT at any given time. however, the owner has the right to sell or transfer ownership in ”Portraits Of My Soul” NFT in accordance with the provisions of this Term of Use.
• OWNER means the primary owner and all subsequent owners in the future. • RESALE means the sale by the owner of the Purchased ”Portraits Of My Soul” NFT, to a buyer, which shall own the Purchased ”Portraits Of My Soul” NFT and thus become its new owner • IP means any right such as patent and/or copyright and/or trademark and/or design patent and/or trade secret and/or any other intellectual property rights recognized today or will be recognized in the future in any legal jurisdiction in the world.
• PURCHASED ”Portraits Of My Soul” NFT means the ”Portraits Of My Soul” NFT that you own. • CREATOR means Talya Zoref who create and released to the public the Purchased ”Portraits Of My Soul” NFT’s, and related Art.
• ROYALTY means the amount payable by the ”Portraits Of My Soul” NFT owner to ”Portraits Of My Soul” in each resale on any marketplace
2. Scope of license
• When you become an owner of ”Portraits Of My Soul” NFT you own the non-fungible token (the digital token recorded on the blockchain), but you don’t own the art associated with it. • You agree that ”Portraits Of My Soul” own all legal rights, title and interest in and to all elements of the art, which protected by relevant laws.
• When you become owner, we grant you a personal, non-exclusive license. That means you have the right to own, display and resell the ”Portraits Of My Soul” NFT but, you do not have any other right in the art associated with it, that means you cannot perform any other action permitted by the intellectual property rights holder, such as, renting, copying, duplicating, creating derivative works, and any other commercial action that the intellectual property right owner-i.e ”Portraits Of My Soul” NFT has in the art, without ”Portraits Of My Soul” prior written consent.
• Notwithstanding the foregoing, if you are interested in using ”Portraits Of My Soul” NFT commercially, you must enter a commercial license with ”Portraits Of My Soul” in accordance with the terms to be determined by ”Portraits Of My Soul” .
• ”Portraits Of My Soul” is the owner of all trademarks, trade names, logos that associated and/or registered by ”Portraits Of My Soul” and you don’t have the rights to use them.
• You agree and confirm that you will not perform yourself and / or will not allow others to make or allow to make any change of any kind and / or type in the art associated with ”Portraits Of My Soul” NFT including, without limitation, the designs, drawings, shapes, or color.
• To not use the art associated with ”Portraits Of My Soul” NFT to market and/or advertise and/or to sell any product or service.
• To not use the art associated with ”Portraits Of My Soul” NFT for the purpose of commercialization and / or carrying out a commercial use for you and/or a third party and / or for the commercial profit of you or any third party.
• ”Portraits Of My Soul” Has the exclusive right to determine the number of percentages to which it is entitled in any future sale of ”Portraits Of My Soul” NFT as the owner of the Art. • ”Portraits Of My Soul” will be entitled to a payment of 7.5% percent of any future sale of ”Portraits Of My Soul” NFT in relevant marketplace.
• ”Portraits Of My Soul” commits and undertakes to re-invest half of the royalties paid in every future sale in the community for the purpose of increasing its value.
• To the extent that ”Portraits Of My Soul” will use the art associated with the ”Portraits Of My Soul” NFT that you own commercially you as owner will be entitled to 20% of the royalty of all income generating from such activity, after deducting all expenses of any kind and type incurred for this commercial use. To the extent that the use is made in number of ”Portraits Of My Soul” NFT’s, each owner will be entitled to the said proportionate amount.
5. DISCLAIMER AND WARRANTIES
• All services are provided on an "as is" and "as available" basis according and under applicable laws. You dismiss ”Portraits Of My Soul” herewith from any kind of, whether express or implied, liabilities whatsoever arising from or in connection with its services and or quality, merchantability or fitnees for any kind of purpose.
• ”Portraits Of My Soul” cannot guarantee that its services will always suit your full expectations and that they are completely and constantly reliable, timely, secure or error-free or that any information shall be accurate or the quality of any products, services, information or other materials.
• ”Portraits Of My Soul” reserves the right to modify, suspend or discontinue the services at its sole discretion at any time and without prior notice
• YOU ACKNOWLEDGE THAT THE USE OF THE SITES AND/OR SERVICES HAVE BEEN MADE VOLUNTARILY AND AT YOUR SOLE RISK.
• If you are dissatisfied with any service or sites or with any term of these terms your sole remedy is to disconnect your self and to stop using”Portraits Of My Soul” sites or services.
• You acknowledge and agree that the characterization and regulatory governing NFTs, cryptocurrencies, and blockchain technology is uncertain and continually evolving. Accordingly, the risks arising from the use of the website and / or services and / or the purchase of ”Portraits Of My Soul” NFT are clear and known to you and are accompanied by inherent risks, including risks related to faulty or insufficient hardware, hacking or unauthorized access to your wallet or information stored therein, intrusion of malicious code or software; or of theft or diversion of funds therefrom; volatility and unstable or unfavorable exchange rates.
• You acknowledge and declare that you are aware that transactions conducted in cryptocurrencies are problematic in terms of taxation, which varies from country to country and in any case subject to regulatory changes in accordance with the laws of each country and therefore these transactions have tax implications.
• You confirm and declare that you are aware that transactions conducted in cryptocurrencies are of high risk and the use of the Services and / or the sites may lead to significant financial losses for a variety of possible reasons and you bear all the resulting risks.
• To the extent that you choose to make such transactions, you declare and confirm that you have sufficient experience and knowledge regarding the purchase of NFT's, cryptocurrencys and blockchain technology and that you have used this knowledge and experience before choosing to make the acquisition of ”Portraits Of My Soul” NFT
• You agree to indemnify and hold harmless ”Portraits Of My Soul” from and against any and all claim, demand, action, loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the Terms. You also agree to indemnify and hold harmless ”Portraits Of My Soul” from and against any and all claims brought by third parties arising out of your use of any of Services and the content you make available via any of the Website or Services by any means, including without limitation, through posting, links, references or otherwise.
7. LIMITATION OF LIABILITY
• IN NO EVENT SHALL ”Portraits Of My Soul” BE LIABLE FOR ANY CONDUCT OR ACTIONS IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR
ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES OR SERVICES RESULTING FROM TO YOU BY ”Portraits Of My Soul” SERVICES, WHETHER ON-LINE OR OFF-LINE; OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH ”Portraits Of My Soul” SERVICES OR THESE TERMS (OR THE TERMINATION THEREOF FOR ANY REASON).
• From the moment that one of the parties announces he would like to begin a mediation process, the parties have 30 days to agree on the identity of a mediator. To the extent that the parties fail to agree on the identity of the mediator, the mediator will be appointed by the Chairman of the Bar Association of the State of Israel.
• The parties undertake to conduct a mediation procedure wholeheartedly, willingly and in good faith. To the extent that such an arbitration proceeding is not successful, then and only then will it be possible to apply to the relevant court.
10. GOVERNING LAW
• This Term of use shell be subject to the laws of the State of Israel or Florida and will be interpreted accordingly.